For a long time, many of Byron Case's supporters categorically asserted that his conviction rested solely upon the testimony of "an embittered ex-girlfriend [Kelly Moffett] with a history of drug use and mental health issues". The word "solely" has since been changed to "as a direct result" of said testimony, and Moffett is now referred to as an "alleged witness", though Case's supporters still continue to allege that she was "embittered" and still claim she has a "a history of drug use and mental health issues". They still do not choose to discuss what the additional evidence was in this case, and they still tend to uncritically accept the concept that Moffett is exactly as Case describes her. Let us examine the facts of the matter.

It is difficult to conceive that eyewitness testimony would have anything except a direct influence upon a trial -- while Moffett's testimony did have a direct effect on the trial's outcome, it was only partially responsible for that outcome. But we digress.

The state's key eyewitness was Kelly Moffett, who was Byron Case's girlfriend for about 19 months, from May 1997 through December 1998, who testified in court that she had witnessed Case murder Anastasia WitbolsFeugen. According to her mother, Kelly Moffett's drug use and emotional problems did not surface until January 1998, shortly after Anastasia's murder. They did not become noticeably serious until late 1998.¹

As for the charge that Kelly Moffett was "embittered" about her breakup with Byron Case, that issue is addressed in two other parts of this FAQ, involving both Moffett's motives for accusing Case,² and claims made by Case about threats she allegedly made against him,³ though it may be briefly summarized in saying that Kelly Moffett broke up with Byron Case (as opposed to he breaking up with her)⁴ in December 1998 or January 1999,⁵ approximately 19 months before she finally came forth to accuse him, both factors working against the image of her being "embittered" against him.

Kelly Moffett's eyewitness testimony about the actual killing was confirmed by forensic and crime scene evidence that was unavailable to the public. Byron Case and some of his supporters later charged that all of Moffett's descriptions could easily have been culled from news stories about the murder. However, this web site maintains a complete list of news stories about the murder and its subsequent investigation,⁶ and we have challenged them to demonstrate where Moffett's descriptions can be found in those stories. To date, they have not responded.

Moffett testified how Anastasia fell,⁷, the fact that she was surprised by the attack and had no time to turn, run, or cover up,⁸ and how the weapon used in the murder was a long-barrelled one (as opposed to a handgun).⁹

As for Case's supporters' arguments about defense testimony that contradicted Moffett's testimony, we note that the jurors were instructed prior to the opening statements of the trial that it was their sole responsibility to determine a witness' believability,¹⁰ and it seems apparent from their verdict that they found Kelly Moffett's testimony believable, and that they did not find Byron Case nor his defense witnesses believable. There are reasons that can be inferred for that verdict.

Kelly Moffett's eyewitness testimony undoubtedly was not by itself enough to convince the jury of Byron Case's guilt, but when presented in conjunction with Case's tacit admission,¹¹ it was sufficient to overcome any reasonable doubt. Byron Case's supporters frequently downplay (and sometimes deny) his tacit confession, but its validity as evidence of was upheld by an appellate court.¹²

Forensic evidence presented at trial¹³ rendered Case's alibi much less believable,¹⁴ requiring too many coincidences (many defying logic) to be believable.¹⁵

There was also secondary evidence that made the jury accept Case's guilt. First, he resisted arrest;¹⁶ he did not simply struggle say, "No, No, No!" while being arrested (as if not believing it was happening), but instead he turned, ran, and tried to lock himself in his bedroom when confronted by officers who had identified themselves to him. While this did not prove guilt, it certainly placed Case in a very bad light. Second, testimony from both prosecution and defense witnesses showed that Byron Case felt a great animosity toward Anastasia,¹⁷,18 helping establish a motive.

There was other evidence that contributed to the jury's decision, but this was the most important evidence presented.